The Supreme Court ruled that the spouses of the president and vice president are not civil servants under Article 71 of the 1992 Constitution and are therefore not entitled to salaries or other benefits and privileges deducted from the Consolidated Fund.
As a result, a seven-member Supreme Court panel chaired by Chief Justice Gertrude Sackey Turkournoux concluded that first ladies and second ladies are not entitled to a salary under the 1992 Constitution. It declared Congress’ authorization to pay a salary to the Second Lady unconstitutional. .
It added that the work of the Parliamentary Remuneration Committee is limited to recommending salaries and other benefits and privileges for public servants only. That was the Supreme Court’s position yesterday when it handed down judgments in two separate cases.
The first judgment of the day concerned a lawsuit filed by the Bono regional chairman of the ruling New Patriotic Party (NPP), Kwame Baffour, alias Avronye DC, seeking redress.
The second submission was jointly filed by Dafairmekpol Rockson-Nelson and Dr. Clement Abashinat Apak, members of the National Assembly (MPs) for the Southdai and Birsa South constituencies, respectively, and citizen Frederick Nii Comey. and sought relief in eight cases.
The legal action stems from a recommendation made in June 2020 by a committee led by Professor Yaa Ntiamoah Baidu appointed by the President under Article 71(1), which subsequently and recommended payment of parliamentary salaries to the vice president’s spouse. Approved.
The Commission’s mandate was to make recommendations regarding the salaries, allowances, facilities and privileges of Section 71 officers under the 1992 Constitution.
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In the wake of the controversy arising from this recommendation, Mr. Baffoe took the matter to the Supreme Court, seeking relief on four counts. Three of the four reliefs were granted by the court, which included Justice Gabriel Pwaman, Justice Avril Lovelace-Johnson, Justice Henrietta Mensa-Bons, Justice Barbara Acker-Jens, and Justice Samuel Kwame Adib Asiedu. The judge, Justice Ernest Yao Geu, was present.
She argued that Congress’s approval of salary payments to the First Lady and Second Lady was inconsistent with Article 71, Paragraphs 1 and 2 of the 1992 Constitution, and as a result the court ruled that the Constitution was invalid and unenforceable. I prayed that he would declare this.
Again he argued that pursuant to Article 71(1) and (2): The positions of First Lady and Second Lady of Ghana do not fall under the category of public servants. He further prayed for the court to declare that pursuant to Article 71 of the 1992 Constitution of the Republic of Ghana, the Remuneration Commission is limited to recommending salaries and other benefits and privileges of public servants only.
These arguments were upheld by the Supreme Court.
However, his proposed relief would require that, pursuant to Articles 108 and 178 of the 1992 Constitution of the Republic of Ghana, Parliament cannot initiate or authorize the payment of such remuneration in its own right and must necessarily be paid out of public funds. The court is asking the court to declare that this will be the case. It could not be approved without a bill to that effect issued by, submitted by, and duly passed by the government.
For Dafeamekpor and two others, the court declared that, based on a true and proper interpretation of the 1992 Constitution, spouses of the president and vice president are not Article 71 officials for purposes of receiving wages and bonuses. I prayed and was relieved. , recognized by the court.
Other remedies, centered on the mandate and recommendation of the Professor Ntiamoah Baidu Committee, were not granted. The court said it expects to reach a logical verdict by the end of today.
Deputy Attorney General Diana Asonaba Dapar represented the state, while Mr. Eshinam Kporuku and Mr. George Kozo Adabadze represented Abronye DC and Mr. Dafeamekpor respectively.